Res 2007-043 - Laserfiche WebLink

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I (4) Not, except with the consent of the Agency's General Manager or legal counsel, enter into any agreement or stipulation concerning a proceeding; (5) Not, except with the consent of the Agency's General Manager or legal counsel, or upon request of a public officer at the scene of an accident, give any oral or written staternent concerning the accident; and (6) Not, except at the covered person's own cost, voluntarily make any payment, assume any obligation or incur any expense in connection with a proceeding without the consent of the Agency's General Manager or legal counsel. E. Exemptions. Coverage under this section will not apply to a claim or suit brought against a covered person: (1) By the Agency; (2) Arising frorn the intentional or knowing violation of a penal statute or law committed by or with the knowledge and consent of the covered person, or arising from a fraudulent act cornmitted by or at the direction of the covered person; I (3) If the covered personjoins or attempts to join a proceeding against the Agency or an officer or employee ofthe Agency with a proceeding against the covered person; or (4) If the covered person fails to comply with subsection (e) of this section. F. Investigation, negotiation, settlement. The Agency may investigate, retain counsel, negotiate and settle any proceeding as it determines to be reasonable and prudent. G. Subrogation of rights. A covered person, in accepting coverage under this section, agrees to allow the Agency to be subrogated to any rights of the covered person to the extent of the Agency's obligations and payments under this section. H. Conflict of interest. If the Agency's General Manager or legal counsel determines there is a conflict between the interests of the Agency and those of a covered person involved in a proceeding, the Agency rnay designate and pay the reasonable fees of a separate attorney to represent the covered person. Disciplinary action. Nothing in this section will affect the Agency's right to take disciplinary action against a covered person for conduct otherwise indemnified or defended by the Agency under this section. I Section 11.2 Non-exc/usivitv of Rights. The right to indemnification conferred in this Article XI shall not be exclusive of any other right which a covered person may have or hereafter acquire under any law (common or statutory), these Bylaws, written agreement with the Agency, vote of disinterested Directors or otherwise. -12-